35 Seizure and disposal of carcases etc.E+W
(1)The Ministers may by order make such provision—
[F1(a)for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and]
(b)for the destruction, burial, disposal or treatment of anything seized under the order,
as they may think expedient for preventing the spread of any [F2such disease].
[F3(1A)Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.
In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.]
(2)Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say—
(a)to cattle plague, pleuro-pneumonia, foot-and-mouth disease [F4, swine-fever and transmissible spongiform encephalopathies], and any disease within the meaning of section 32 above to which that section for the time being applies [F5and any disease in respect of which an order under section 32A is in force]; and
(b)to any disease as defined in relation to poultry by or under section 88 below.
(3)The Ministers may make such orders as they think fit—
(a)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;
(b)for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);
(c)for prohibiting or regulating the digging up of carcases which have been buried.
(4)A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a)throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or
(b)digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 35(1)(a) substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(a)
F2Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(b)
F3S. 35(1A) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(2)
F4Words in s. 35(2)(a) substituted (14.1.2003) by 2002 c. 42, s. 2(2)(a); S.I. 2002/3044, art. 2
F5Words in s. 35(2)(a) inserted (14.1.2003) by 2002 c. 42, s. 2(2)(b); S.I. 2002/3044, art. 2
35 Seizure and disposal of carcases etc.S
(1)The Ministers may by order make such provision—
[F6(a)for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and]
(b)for the destruction, burial, disposal or treatment of anything seized under the order,
as they may think expedient for preventing the spread of any [F7such disease].
[F8(1A)Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.
In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.]
(2)Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say—
(a)to cattle plague, pleuro-pneumonia, foot-and-mouth disease and swine-fever, and any disease within the meaning of section 32 above to which that section for the time being applies ; and
(b)to any disease as defined in relation to poultry by or under section 88 below.
(3)The Ministers may make such orders as they think fit—
(a)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;
(b)for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);
(c)for prohibiting or regulating the digging up of carcases which have been buried.
(4)A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a)throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or
(b)digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F6S. 35(1)(a) substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(a)
F7Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(b)
F8S. 35(1A) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(2)